Sanchez v. Kalauokalani

Citations

• 24 Haw. 21
• 1917 Haw. LEXIS 18

Syllabus

<p>Treaties — statutes—citizens—transfer of allegiance.</p> <p>By tbe provisions of the treaty of Paris a Spanish subject residing in Porto Rico on April 11, 1899, and who continued to reside there for one year thereafter and did not make a declaration before a court of record of his decision to preserve his allegiance to the crown of Spain, became an American subject, and was, under the provisions of the act of Congress of April 12, 1900, a citizen of Porto Rico and did not lose his political status by removing in 1901 from Porto Rico to Hawaii.</p> <p>Citizens — elections—registration of voters.</p> <p>A native of Porto Rico who was an inhabitant thereof on the eleventh day of April, 1899, and continuously resided there until the summer of 1901, after which he continuously resided in the Territory of Hawaii, claiming at all times after April 11, 1899, to be a subject of the Republic of the United States, was, at the passage of the act of Congress of March 2, 1917, to provide a civil government for Porto Rico and for other purposes, a citizen of Porto Rico as defined by section 7 of the act of Congress of April 12, 1900, and is, by the provisions of section 5 of said act of March 2, 1917, deemed and declared to be a citizen of the United States.</p> <p>Mandamus — right to he registered as a voter.</p> <p>A citizen of the United States who has resided in the city and county of Honolulu for more than one year next preceding his application to be enrolled in the great register of such municipality as a voter has the right to such registration, and when such right is denied him by the officer whose duty it is to register him he is entitled to a writ of mandamus to enforce such right.</p> <p>Appeal and Error — moot question — elections—mandamus.</p> <p>The election laws provide for a permanent registration of voters; the right of registration of one entitled thereto . is a continuing one; and when this right is sought to be enforced by mandamus the issue raised by a ret